All
All
Parallel
Title
Appellant
Respondent
Lawyer
Parallel Search is an AI-driven legal research functionality that uses natural language understanding to find conceptually relevant case law, even without exact keyword matches.
Hi, I'm AMICUS. Your GPT powered virtual legal assistant.
Let's chat.
Log in
Sign Up
Select Country
India
US
AMICUS AI
CaseIQ
Keyword Research
Parallel Search
Commentaries
Columns
My Project
New chat
United Kingdom
England and Wales
Scotland
Northern Ireland
Ireland
37 C.F.R. § 42.100 : Patents, Trademarks, and Copyrights — UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE — GENERAL PATENTS — TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD — INTER PARTES REVIEW —GENERAL — Procedure; pendency
Text
(a)
An
inter partes
review is a trial subject to the procedures set forth in subpart A of this part.
(b)
In an
inter partes
review proceeding, a claim of a patent, or a claim proposed in a motion to amend under §
42.121
, shall be construed using the same claim construction standard that would be used to construe the claim in a civil action under
35 U.S.C. 282(b)
, including construing the claim in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent. Any prior claim construction determination concerning a term of the claim in a civil action, or a proceeding before the International Trade Commission, that is timely made of record in the
inter partes
review proceeding will be considered.
(c)
An
inter partes
review proceeding shall be administered such that pendency before the Board after institution is normally no more than one year. The time can be extended by up to six months for good cause by the Chief Administrative Patent Judge, or adjusted by the Board in the case of joinder.
37 C.F.R. §42.100
77 FR 48727, 8/14/2012, as amended at 81 FR 18766, 4/1/2016; 83 FR 51358, 11/13/2018
×
We use cookies to improve your experience
You can accept all cookies or turn off analytical ones.
Cancel Analytical Cookies
Accept All Cookies